The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-07-30

the facts, and in respect to the facts is quite linn
tied in its powers. Hese the instructions of the
| Court respect to the Jaw are binding upon the
jury. You have no right 60 exercise your own
| judgments in respect TO the law. In respect to
the facts, the credibilty Of witnesses and the in
| ferences to be drawn from their testimony and
| other proofs, the jurors are here the exclusive
| judges and must ultimately be responsible for
the conclusion of fact that shall be reached. but
| the Court has a right and duty to advise you in
| respect to the weight of evidence and it's proper
| application TO the questions presented, not how
simply aiding it. and leaving you finally to
| determine the facts upon your own judgment
and responsibility, giving proper force to the
| suggestions of the Court.
| In respect to the law of the case in its general
aspects shall avail myself Of the opinion OF
Judge Harlan, recently delivered on procedure
arising in this One of the defendants
| having been surrendered by his bail and having
| gone TO Jail. applied to Judge Harlan for a writ
| OF habeas corpus. to have the question deter
mined whether this court had jurisdiction of the
offense and whether the offense was well charged
| in the indictment: and so l have the benefit of
Judge Harlans opinion. and as it covers the
statutes and their construction and the questions
! OF law arising upon the indictment, and the
question of the jurisdiction of the court, avail
myself of what he has said and read 1t to you
/ here Judge Woods read the opinion OK Justice
| Harlan.
Stated succinctIy. gentlemen, the essence Of all
this Is that under the State statutes 1t is the
duty OF inspector of election with whom
tally paper or election returns deposited TO
safely keep them until he presents them to the
canVaSSlng BOARD Ii ne omltS to DO that he
commits offence against the United States
Congress has expressly provided that the duties
imposed by the State laws shall be regarded
adopted by Congress-; and the penalties named
In the Congressional law declared against
any who omits to perform these duties we'll
as against any who aid, counsel advise such
omission of duty.
The first section of the congressional statutes
referred to is the one upon which the charge of
conspiracy is predicated. That section is the
effect thai if two or more persons conspire to-
TO I'M INIT o. Ia Init ar
States, and one or more of them do ything to
effect the purpose of that conspiracy, lhey shall
be punishable.
The particular charge, stated generally, con-
tanned in the Indictment in this case, is that the
defendants did conspire TO commit offeuse
against the United States in this that they con-
spired together to counsel. aid and advise, and
procure certain inspectors named to omit their
duty in respect to the custody of the papers in
their hands; and that, for the purpose of effect
ing this conspiracy, certain things by certain
named individuals were done.
The first count of the Indictment, stated more
particularly, is that they conspired to induce aid
and procure Allen Hissy, who inspector Of
the second precinct of the Thirteenth ward of
the city of indianapolis at a congressional
to omit his duty in respect to the custody OF his
papers by surrendering them and permitting
them to pass from his custody And that. in
order to effect the obj of that conspiracy,
of the conspirators. Samuel E. Perkins, did an
act; that is, he counseed, aided and advised
Hisey to surrender to him the papers, and that
Hisey did surrender the papers to him; and
that while the papers were out of
his possession. he permitted them to
be altered and changed. The allie
cation of having permitted alterations and
changes to be made was not material to be stat
ed in the Indictment and serves Office there.
The matters referred to may be quite impor-
tant as matters of evidence; but it wasuunecessary
in the Indictment to go further than to say tina.
he did some act in order to procure possession
sba m G even of
papers. So the gist of the offense,
charged in this first count. is that these de-
PENDANTS and Perkins conspired to induce Allen
Hisey. the inspector of the second precinct of
the thirteenth ward to surrender and omit to
safely keeping his papers; and that in order
to effect the object of that conspiracy,
Perkins persuaded and advised Hisey to give
them up him. That does not in terms
brace anything at all about the forgery of these
papers, and 1t was not necessary on the part of
the government to establish any forgery in or
der to establish this count. The forgeries that
are incidentally and unnecessarily referred to
in the subsequent part Of the Indictment are i'm |
material in the place they are found. but may |
be, and in the course of this investigation have |
been, quite material as matters OF evidence OF |
the particular ofense charged. OF course, 1t is |
necessary for the government, in order to make |
out it's case on any count of the Indictment |
to prove satisfactorily and clearly, removing all
reasonable doubt on the subject, the particular |
facts charged in the counts; and if there is fail
ure in pect to any material allegation. either
to prove it or TO remove it beyond a reasonable
doubt, the result is that in respect to that count
the defendants would be entitled to acquttal.
That rule, may say, applies to all criminal pro-
defendants, and each of them, in
the first instance are presumed to be innocent,
and that presumption continues with them
Til the evidence has become SO strong and salts
factory as to not only overcome the presumption
of innocence, but to establish beyond reason
able doubt the allegation of guilt.
In this connection may say to you what
shall have to say on the subject of reputation
and character INTERCHANGEABLE; Of course, you
know the distinction. Character is what man
actually is, and, of course, jurors are not ex-
pected to find that out; reputation is what
man passes for, what he 10 understood to be in
the community; and when man is charged
with crime he has the privilege of bringing
proof m show that he has, and, has maintained,
good reputation among the people with whom
ne has lived. And if he succeeds in proving
,red by the jury If good reputation be estab-
ished. it adds force to the presumption of inno-
'ence, and therefore, it requires, or
PRODUCES the necessity on the part of
Inc government of bringing forward testimony
lot only to overcome the original presumption
If innocence, but also the additional force that
hat presumption has by reason of the proof of
rood reputation Good reputation is no defense
% crime. man o. good repute has no right
% commit crime any more than any body
lse But he has a right TO bring his good repu-
alton into the scales and have the jury consider
hat in determining the force and weight of the
violence. And evidence which, without the proof
4 good character, might be sufficient to satisfy
he jury of guilt, light be overcome, or at least
Omit of a reasonable doubt upon proof of good
equation. This, / think, is the fair and
he legitimate use of the proof of good reputa-
alton before jury. OF course the force of
hat proof depends greatly upon the nature of
he proof itself, and the other circumstances
hat may be DEVELOPED. Some live
uiet life subject to but few temptations; their
seakness or strength of character is not de-
eloped. They will have g good regulations; but
course it furnishes very little clew to their
cal character, because they never have been
rought into such temptations as to test their
haracter. Other men are connected with affairs
D a greater extent, and are subjected to the
ptatons of life and to the observation of their
slow m en- in their conduct, and If they maintain
good character without suspicion and establish
we'll, it would be entitled to more considera-
on. 1t is in the sound discretion of the jury to
i've this kind of evidence such weight as il is
airly e21itled to, under the circumstances of
ne case. 1t is defense to crime, but if it is
ell established it makes it harder to prove
rime against the party charged.
But / was instructing with reference to the